CRL A/1317/2026 of Harish Kumar Vs The State Rep.by, The Inspector of Police on 3 November 2026

JUDGMENT

The appeal challenges the order passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under the POCSO Act, Dharmapuri District, in Crl.M.P.No.257 of 2026 dated 17.08.2026, by which the appellant’s bail application was dismissed by the Trial Court.

2. The appellant was arrested on 31.07.2026 in Crime No. 39 of 2026 registered for the offences under Section 5(l) r/w 6 of the Protection of Children from Sexual Offences Act, 2012, and under Section 87 of Bharatiya Nyaya Sanhita, 2023.

3. It is the case of the prosecution that the appellant, aged about 22 years, had a romantic relationship with the victim girl, who was aged 14 years at the time of the occurrence; that on 25.03.2026, the appellant had taken the victim to Hogenakkal and had sexual intercourse with the victim; and that once again on 20.07.2026, when they attempted to go to Hogenakkal, the appellant and the victim were intercepted, and thereafter a complaint was lodged by the victim.

4. The learned counsel for the appellant would submit that the allegations are false; that in any case, the allegations only disclose a romantic relationship between the appellant and the victim; that the final report has now been filed; and that, considering the age of the appellant, the appellant may be released on bail.

5. Heard the learned Additional Public Prosecutor for the first respondent.

6. The learned counsel for the appellant/accused and the learned counsel for the victim/second respondent submitted that the victim and her mother have no objection for the release of the appellant on bail.

7. The victim and her mother are present in person and confirmed that they have no objection, for release of the appellant on bail.

8. Admittedly, the final report has already been filed. Even assuming the prosecution case to be true, it appears to be a case of a romantic relationship between two youngsters. It has to be examined in the trial as to whether the appellant had committed the offence of penetrative sexual assault.

9. Considering the period of incarceration, the fact that the final report is filed and further custody of the appellant is not required for the purpose of investigation, this Court is inclined to release the appellant on bail on the following conditions:

(i) The appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri District;

(ii) the appellant and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;

(iii) the appellant shall appear before the trial Court on every Monday at 10.30 a.m. and on all hearings;

(iv) the respondent police is directed to ensure that there is no threat to the life and safety of the de-facto complainant. In the event of any threat, appropriate steps to be taken.

(v) the appellant shall not commit any offences of similar nature;

(vi) the appellant shall not abscond either during investigation or trial;

(vii) the appellant shall not tamper with evidence or witness either during investigation or trial;

(viii) on breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(ix) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

10. In view of the above, the impugned order, dated 17.08.2026 in Crl.M.P.No.257 of 2026 in Crime No.39 of 2026 passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri District, is set aside and the Criminal Appeal is allowed. 03-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dk Note: Issue order copy today.

To

1. The Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Dharmapuri District.

2. The District Jail, Dharmapuri.

3. The Inspector of Police, All Women Police Station (AWPS), Pennagaram, Dharmapuri District.

4. The Public Prosecutor, High Court of Madras.

SUNDER MOHAN, J. dk CRL A No. 1317 of 2026 03-11-2026